United States of America v. Ahern Painting Contractors, Inc. et al

Filing 91

ORDER, The Court has been advised that all claims asserted herein have been settled in principle as to Defendant Spectrum Painting Corp. ("Spectrum"). Accordingly, as to Spectrum only, the above-entitled action is hereby dismissed and di scontinued without costs, and without prejudice to the right to reopen the action within thirty days of the date of this Order if the settlement is not consummated. Any application to reopen must be filed within thirty days of this Order; any applica tion to reopen filed thereafter may be denied solely on that basis. Further, if the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court withi n the same thirty-day period to be so-ordered by the Court. Per Rule IV(C) of the Court's Individual Practices in Civil Cases, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. As to Spectrum only, any pending motions are moot and all conferences are vacated. The Clerk of Court is directed to terminate Spectrum as a defendant. SO ORDERED. Spectrum Painting Corp. terminated. (Signed by Judge Analisa Torres on 4/27/2021) (kv)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA,

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #: _________________
DATE FILED: 4/27/2021____

Plaintiff,
-againstSPECTRUM PAINTING CORP., and TOWER
MAINTENANCE CORP.,

19 Civ. 2096 (AT)
ORDER

Defendants.
ANALISA TORRES, District Judge:
The Court has been advised that all claims asserted herein have been settled in principle
as to Defendant Spectrum Painting Corp. (“Spectrum”). Accordingly, as to Spectrum only, the
above-entitled action is hereby dismissed and discontinued without costs, and without prejudice
to the right to reopen the action within thirty days of the date of this Order if the settlement is not
consummated.
Any application to reopen must be filed within thirty days of this Order; any application
to reopen filed thereafter may be denied solely on that basis. Further, if the parties wish for the
Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must
submit the settlement agreement to the Court within the same thirty-day period to be so-ordered
by the Court. Per Rule IV(C) of the Court’s Individual Practices in Civil Cases, the Court will
not retain jurisdiction to enforce a settlement agreement unless it is made part of the public
record.
As to Spectrum only, any pending motions are moot and all conferences are vacated. The
Clerk of Court is directed to terminate Spectrum as a defendant.
SO ORDERED.
Dated: April 27, 2021
New York, New York